jade lamas- chapter 9 Flashcards
lame duck
def: an executive or legislative during the period just before the end of a term of office, when its power and influence are considered to be diminished.
sent: Adams, referred to as a lame duck president because it was assumed that little could be done in the period between election and the incoming president’s inauguration.
jurisdiction
def: authority vested in a particular court to hear and decide the issues in a particular case.
sent: Courts can have two types of jurisdiction: original or appellate.
original jurisdiction
def: the jurisdiction of courts that hear a case first, usually in a trial. these courts determine the facts of a case.
sent: Original jurisdictions determine the facts of a case.
appellate jurisdiction
def: the power vested in particular courts to review and/or revise the decision of a lower court.
sent: The supreme court has appellate jurisdiction in all other cases.
Federalist No. 78
def: a federalist papers essay authored by alexander hamilton that covers the role of the federal judiciary, including the power of judicial review.
sent: Alexander Hamilton argued in the federalist no. 78 that the “independence of judges” was needed “to guard the constitution and the rights of individuals.’’
judiciary act of 1789
def: legislative act that established the basic three-tiered structure of the federal court system.
sent: The third tier of the federal judiciary system defined the judiciary act of 1789 was the supreme court of the united states.
john jay
def: a member of the founding generation who was the first chief justice of the united states. a diplomat and a co-author of the federalist papers.
sent: John jay was appointed chief justice of the supreme court of the united states by president george washington.
whiskey rebellion
def: a civil insurrection in 1794 that was put down by military force by the president george washington, thereby confirming the power of the new national government.
sent: The justices rendered numerous decisions on such matters as national suppression of the whiskey rebellion.
chisholm v. georgia (1793)
def: a supreme court case that allowed u.s. citizens to bring a lawsuit against states in which they did not reside; overturned by the 11th amendment in 1789.
sent: The nationalist supreme court quickly proved them wrong in the chisholm v. georgia (1793).
11th amendment
def: an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
sent: The states’ reaction to this perceived attack on their authority led to passage and ratification in 1798 of the llth amendment to the constitution.
john marshall
def: the longest- serving supreme court chief justice, marshall served from 1801-1835. marshall’s decision in marbury v. madison (1803) established the principle of judicial review in the unites states.
sent: The actions of john marshall, who headed the court from 1801-1835, brought much needed respect and prestige to the court.
judicial review
def: power of the courts to review acts of other branches of government and the states.
sent: The Marshall claimed the the right of judicial review.
marbury v. madison`
def: case in which the supreme court first asserted the power of the judicial review by finding that part of the congressional statue extending the court’s original jurisdiction was unconstitutional.
sent: In Marbury v. Madison, chief justice john marshall claimed the sweeping authority for the court.
trial court
def: court of the original jurisdiction where cases begin.
sent: At the bottom of the system are trial courts, where litigation begins.
appellate court
def: court that generally reviews only findings of law made by lower courts.
sent: In the middle are appellate courts; these courts generally review only findings of law made by trial courts.
constitutional courts
def: federal courts specifically created by the u.s. constitution or by congress pursuant to its authority in article III.
sent: The federal districts, courts of appeals, and the supreme court are called constitutional courts.
legislative courts
def: courts established by congress for specialized purposes, such as the court f appeals for veterans claims.
sent: Legislative courts are set up by congress, under its implied powers.
brief
def: a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
sent: Courts of appeals hear no new testimony; instead, lawyers submit written arguments in what is called a brief.
precedent
def: a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.
sent: Decisions of the u.s. supreme court, however, are binding throughout the nation and establish national precedents.
stare decisis
def: in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
sent: The principle of stare decisis allows for continuity and predictability in our judicial system.
senatorial courtesy
def: a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection.
sent: Presidents have screened their lower court nominees through a process known as senatorial courtesy.
sandra day o’ connor
def: an associate justice of the supreme court from 1981-2005 who was appointed by president ronald reagan as the first woman to serve on the court.
sent: Justice sandra day o’ connor remarked that “you have to be lucky” to be appointed by the judiciary.
elena kagan
def: an associate justice of the supreme court, appointed by president barack obama in 2009 while she was serving as solicitor general in his administration.
sent: Elena Kagan had prior judicial experience.
writ of certiorari
def: a request for the supreme court to order up for the records from a lower court to review the case.
sent: Since 1988, nearly all appellate cases that have gone to the supreme court arrived there on a petition for a writ of certorari.
